[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Rules and Regulations]
[Pages 44895-44898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20112]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9386; Product Identifier 2016-NM-056-AD; Amendment 
39-19055; AD 2017-19-25]
RIN 2120-AA64


Airworthiness Directives; Airbus Defense and Space S.A. (Formerly 
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and 
CN-235-300 airplanes; and Model C-295 airplanes. This AD was prompted 
by reports of leakage of motorized cross-feed fuel valves. This AD 
requires repetitive inspections and operational checks of the affected 
fuel valves, and corrective actions if necessary. We are issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective November 1, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 1, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Airbus Defense and Space Services/Engineering Support, Avenida 
de Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; 
fax +34 91 585 31 27; email [email protected].; Internet 
http://www.eads.net. You may view this referenced service information 
at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9386.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9386; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 1601 
Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1112; fax 
425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to all Airbus 
Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-
235-300 airplanes; and Model C-295 airplanes. The SNPRM published in 
the Federal Register on June 21, 2017 (82 FR 28274) (``the SNPRM''). We 
preceded the SNPRM with a notice of proposed rulemaking that published 
in the Federal Register on November 25, 2016 (81 FR 85169) (``the 
NPRM''). The NPRM proposed to require an inspection of motorized cross-
feed fuel valves and, depending on findings, applicable corrective 
action(s). The NPRM was prompted by leakage of a motorized cross-feed 
fuel valve. The SNPRM proposed to require a reduced compliance time for 
the initial inspection, the addition of repetitive inspections and 
operational checks, and corrective actions if necessary. We are issuing 
this AD to detect and correct leaks in a motorized fuel valve, which 
could lead to failure of the fuel valve and consequent improper fuel 
system functioning or, in case of the presence of an ignition source, 
an airplane fire.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2017-0004, dated January 9, 2017 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Airbus Defense 
and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 
airplanes; and Model C-295 airplanes. The MCAI states:

    Leakage of a motorised cross-feed fuel valve Part Number (P/N) 
7923227F was reported on a CN-235-100M aeroplane. The leakage was 
observed through the valve electrical connectors and detected during 
accomplishment of a functional check in accordance with task 28.007 
of the CN-235 Maintenance Review Board Report (MRB CN-235-PV01). 
Identical motorised fuel valves are installed on civilian CN-235 and 
C-295 aeroplanes, as cross-feed, shut-off and defueling valves.
    This condition, if not detected and corrected, could lead to 
failure of a motorised fuel valve and consequent improper 
functioning of the fuel system or, in case of an ignition source, 
could lead to a fire, possibly resulting in damage to the aeroplane 
and injury to occupants.
    To address this potentially unsafe condition, Airbus Defence & 
Space (D&S) issued Alert Operators Transmission (AOT)-CN235-28-0001 
and AOT-C295-28-0001 to provide inspection instructions.
    Consequently, EASA issued AD 2016-0071 to require a one-time 
inspection of the affected motorised fuel valves and, depending on 
findings, accomplishment of applicable corrective action(s).
    Since that [EASA] AD was issued, new occurrences of fuel leakage 
involving the

[[Page 44896]]

affected motorised fuel valves were reported and Airbus D&S issued 
Revision 1 of AOT-CN235-28-0001 and Revision 1 of AOT-C295-28-0001 
to introduce repetitive inspections and operational checks of the 
affected motorised fuel valves.
    For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0071, which is superseded, and 
introduces repetitive inspections and operational checks [and 
corrective actions, if necessary] of the affected fuel valves.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9386.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM or on the determination 
of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Airbus Defense and Space has issued Alert Operators Transmission 
(AOT) AOT-C295-28-0001, Revision 1, dated September 27, 2016; and AOT-
CN235-28-0001, Revision 1, dated September 27, 2016. This service 
information describes procedures for repetitive inspections, 
replacement of the motorized fuel valves, and operational checks and 
corrective actions on affected motorized fuel valves. These documents 
are distinct since they apply to different airplane models. This 
service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 14 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and operational check......  3 work-hours x $85 per                $0            $255          $3,570
                                         hour = $255.
Reporting.............................  1 work-hour x $85 per                  0              85           1,190
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that will be required based on the results of the required inspection. 
We have no way of determining the number of aircraft that might need 
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement...................................  5 work-hours x $85 per hour =            $38,448         $38,873
                                                 $425.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that will enable us to provide 
cost estimates for the on-condition corrective actions for the 
operational check specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

[[Page 44897]]

    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-19-25 Airbus Defense and Space S.A. (Formerly known as 
Construcciones Aeronauticas, S.A.): Amendment 39-19055; Docket No. 
FAA-2016-9386; Product Identifier 2016-NM-056-AD.

(a) Effective Date

    This AD is effective November 1, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. (formerly known 
as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-
235-200, and CN-235-300 airplanes; and Model C-295 airplanes; 
certificated in any category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by leakage of a motorized cross-feed fuel 
valve, which was detected during accomplishment of a functional 
check. We are issuing this AD to detect and correct leaks in a 
motorized fuel valve, which could lead to failure of the fuel valve 
and consequent improper fuel system functioning or, in case of the 
presence of an ignition source, an airplane fire.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection of Motorized Fuel Valves

    Within the applicable compliance time defined in paragraph 
(g)(1) or (g)(2) of this AD: Do an initial general visual inspection 
of each motorized fuel valve having part number (P/N) 7923227F for 
the presence of fuel on the electrical connectors and inside the 
receptacles, in accordance with the instructions of Airbus Defense 
and Space Alert Operators Transmission (AOT) AOT-CN235-28-0001, 
Revision 1; or Airbus Defense and Space AOT AOT-C295-28-0001, 
Revision 1, both dated September 27, 2016, as applicable. Repeat the 
inspection thereafter at intervals not to exceed 300 flight hours.
    (1) For airplanes that, as of the effective date of this AD, 
have accumulated 6,000 flight cycles or more since first flight of 
the airplane: Do the inspection within 30 flight cycles or 30 days 
after the effective date of this AD, whichever occurs first.
    (2) For airplanes that, as of the effective date of this AD, 
have accumulated less than 6,000 flight cycles since first flight of 
the airplane: Do the inspection within 300 flight hours or 30 days 
after the effective date of this AD, whichever occurs later.

(h) Replacement of Affected Parts

    If, during any inspection required by paragraph (g) of this AD, 
any leaking of a motorized fuel valve having P/N 7923227F is 
detected: Before the next flight, replace the affected fuel valve 
with a serviceable part, in accordance with the instructions of 
Airbus Defense and Space AOT AOT-CN235-28-0001, Revision 1; or 
Airbus Defense and Space AOT AOT-C295-28-0001, Revision 1, both 
dated September 27, 2016, as applicable. A serviceable part is 
defined as a part that is not defective; it could be a used or new 
part. Replacement of a motorized fuel valve on an airplane does not 
constitute terminating action for the repetitive inspections 
required by paragraph (g) of this AD for that airplane.

(i) Operational Check

    Within 12 months after the effective date of this AD, and 
thereafter at intervals not to exceed 12 months, accomplish an 
operational check of each motorized fuel valve P/N 7923227F, in 
accordance with the instructions of Airbus Defense and Space AOT 
AOT-CN235-28-0001, Revision 1; or Airbus Defense and Space AOT AOT-
C295-28-0001, Revision 1, both dated September 27, 2016, as 
applicable.

(j) Corrective Actions

    If, during any operational check, as required by paragraph (i) 
of this AD, any discrepancy is detected, as described in Airbus 
Defense and Space AOT AOT-CN235-28-0001, Revision 1; or Airbus 
Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated 
September 27, 2016, as applicable: Before further flight, contact 
the Manager, International Section, Transport Standards Branch, FAA; 
or the European Aviation Safety Agency (EASA); or Airbus Defense and 
Space S.A.'s EASA Design Organization Approval (DOA) to obtain 
instructions for corrective actions, and within the compliance time 
indicated in those instructions accomplish the corrective actions 
accordingly.

(k) Parts Installation Limitation

    As of the effective date of this AD, replacement of a motorized 
fuel valve having P/N 7923227F with a serviceable part on an 
airplane is allowed, provided that, within 30 flight cycles or 30 
days, whichever occurs first after installation, the part passes an 
inspection done in accordance with the instructions of Airbus 
Defense and Space AOT AOT-CN235-28-0001, Revision 1; or Airbus 
Defense and Space AOT AOT-C295-28-0001, Revision 1, both dated 
September 27, 2016, as applicable.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Airbus Defense and Space 
AOT AOT-CN235-28-0001; or Airbus Defense and Space AOT AOT-C295-28-
0001, both dated February 19, 2016, as applicable.

(m) Reporting Requirement

    At the applicable time specified in paragraph (m)(1) or (m)(2) 
of this AD, report all inspection results to Airbus Defense and 
Space Technical Assistance Center (AMTAC); telephone +34 91 600 79 
99; email [email protected]. The report must include 
the inspection results, a description of any discrepancies found, 
operator name, the airplane model and serial number, valve part 
number and serial number, and the number of landings and flight 
hours on the airplane.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 60 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 60 days after the effective date of 
this AD.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (o)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective

[[Page 44898]]

actions from a manufacturer, the action must be accomplished using a 
method approved by the Manager, International Section, Transport 
Standards Branch, FAA; or the EASA; or Airbus Defense and Space 
S.A.'s EASA DOA. If approved by the DOA, the approval must include 
the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2017-0004, dated January 9, 
2017, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9386.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1112; fax 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (p)(3) and (p)(4) of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Defense and Space Alert Operators Transmission, AOT-
C295-28-0001, Revision 1, dated September 27, 2016.
    (ii) Airbus Defense and Space Alert Operators Transmission AOT-
CN235-28-0001, Revision 1, dated September 27, 2016.
    (3) For service information identified in this AD, contact 
Airbus Defense and Space Services/Engineering Support, Avenida de 
Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; 
fax +34 91 585 31 27; email [email protected].; 
Internet http://www.eads.net.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 14, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-20112 Filed 9-26-17; 8:45 am]
BILLING CODE 4910-13-P